Nebraska Court of Appeals Judge David K. Arterburn of Papillion, Nebraska, was invited to sit with the Nebraska Supreme Court on November 29, 2022.

Arterburn heard arguments in the case of State of Nebraska v. Anthony J. Garcia.  In this case, Garcia was convicted of four (4) counts of first-degree murder, four (4) counts of the use of a deadly weapon to commit a felony, and attempted burglary.  He was sentenced to four (4) death sentences for each of the first-degree murder convictions, to not less than nineteen (19) years and not more than twenty (20) years incarceration for two of the ‘use of a deadly weapon to commit a felony’ convictions, to not less than forty-nine (49) years and not more than fifty (50) years incarceration for the other two convictions for use of a deadly weapon to commit a felony and not less than twenty (20) months and not more than five (5) years incarceration for the attempted burglary conviction.  Capital punishment cases are automatic and direct appeals to the Nebraska Supreme Court.

He sat in place of Justice John Freudenberg, who was recused from the case. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

November 29, 2022, oral arguments can be viewed on the Court’s archive.

Reporters:

• Judicial Profile for Judge David K. Arterburn
• Background on the Supreme Court
• Justices of the Nebraska Supreme Court

Screenshot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Justice Stephanie Stacy, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Judge David Arterburn. Arguing before the Court is attorney James Smith. Recording Court arguments is Allyson Stewart.